Kerala Court February 1997 Judgments
State of Kerala Vs. Govindan Ponnamma and ors.
Court: Kerala
Decided on: Feb-28-1997
Reported in: AIR1997Ker302
T. Ramachandran, J.1. These two appeals arise from the common judgment and decrees in O.S. No. 239//81 and O.S. No. 240/81 of the Additional Sub Court of Quilon.2. The appellant in both the appeals is the State of Kerala and the State was the defendant in both O.S. No. 239/81 and O.S. No. 240/81 before the Sub Court of Quilon. O.S. No. 239/81 was filed by the respondents in A.S. No. 45/86 for declaration that the abkari contract with the State is rescinded and for mandatory injunction directing the State to refund portion of the bid amount already deposited. The plaintiffs are abkari contractors and they were the successful bidders of 25 arrack shops of Quilon excise range for the financial year 1981-82. The auction was held on 23-3-19981 as per the sate notification dated 27-2-1981. The bid amount wasRs. 99,72,000/-. The auctioning officer on behalf of the Suite made in announcement before the auction that 5,760 litres of arrack would be the monthly quota and that any quantity in exce...
Tag this Judgment!New Bank of India, Trivandrum Vs. Sajitha Textiles and anr.
Court: Kerala
Decided on: Feb-27-1997
Reported in: AIR1997Ker201
T. Ramachandran, J. 1. This appeal is filed from the judgment and decree of the Second Additional Sub-Judge of Trivandrum in O.S. No. 99 of 1984.2. The appellant was the plaintiff in O.S. No. 99 of 1984. The appellant is the New Bank of India. The first respondent is the pro-prietory firm called M/s. Sajitha Textiles. The first respondent had taken a loan advanced by the M.G. Road Branch at Trivandrum of the plaintiff-Bank. It was as per cash-credit facility to the tune of Rs. 20,000/- as on 12-8-1978. As security for the said cash-credit facility the first respondent executed an agreement of hypothecation on 12-8-1978 hypothecating his entire stock-in-trade stored in his shop M/s. Sajitha Textiles and he hypothecated the entire furniture and fixtures like ceiling fans etc. in the shop and agreed to pay interest at the rate of 15% per annum with quarterly rests on all the amount due as per the cash-credit account in the name of the first. respondent. On the same date, the first respond...
Tag this Judgment!Smt. Hajara Vs. State of Kerala and ors.
Court: Kerala
Decided on: Feb-27-1997
Reported in: 1997CriLJ2196
S. Sankarasubban, J.1. This Original Petition is filed for a direction to the respondents to produce the corpus of the petitioner's husband Sri. Abdul Razak Kodoor, who has been detained in Central Prison, Trivandrum, under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (hereinafter called as 'the COFEPOSA Act') and set him at liberty by issuing a writ of habeas corpus or any other appropriate writ. Husband of the petitioner (hereinafter called as 'the detenu') was employed in Saudi Arabia. On 2-2-1996, he came to Kerala from Siyadh and on reaching the Airport at Calicut, Customs Officers detained him and on search of his body 69 gold biscuits weighing 8043.33 gms. were seized. The gold biscuits were concealed inside some electrical appliances brought by him. Prosecution steps were taken under the Customs Act. He was arrested and produced before the Additional Chief Judicial Magistrate (Economic Offences) Court, Ernakulam on 3-2-1996 and wa...
Tag this Judgment!Vimal Ghosh V. Vs. State of Kerala and ors.
Court: Kerala
Decided on: Feb-26-1997
Reported in: AIR1997Ker237
Balakrishnan, J. 1. The dispute that arises in both these Original Petitions relates to the caste status of the first petitioner in O.P. 963 of 1996 and the members of his family. Petitioners in O.P. 963 of 1996 challenge mainly Ext. P9 decision of the Scrutiny Committee appointed by the Government of Kerala. By Ext. P9, it was decided that the first petitioner in O.P. 963 of 1996 is not a member of the Scheduled Caste as he claimed to be. The 2nd petitioner therein is his son, who is an Engineering student.2. O.P. No. 18774/95-1 was filed challenging Ext. P13 order passed by the Principal of the Calicut Regional Engineering College. By Ext. P13 order petitioner therein was removed from the rolls of the EngineeringCollege on the ground that he was not a member of the Scheduled Caste the reason being that he had secured admission on that ground. 3. Both the Original Petitions were heard together and we propose to dispose of them by a common judgment. In O.P. 963 of 1996 it is alleged th...
Tag this Judgment!Oriental Insurance Company Ltd. Vs. Asokan
Court: Kerala
Decided on: Feb-26-1997
Reported in: 1998ACJ33; (1997)IILLJ546Ker; 1997(1)CLR1039
Balakrishnan, J. 1. This is an appeal filed by the Oriental Insurance Company against the order dated December 20, 1995 passed by the Commissioner for Workmen's Compensation (Deputy Labour Commissioner), Kozhikode in W.C. Case No. 320 of 1993. The respondent was a loading and unloading worker in Lorry KRD 2929 owned by one Basheer. On January 29,1990 at about 11.15 A.M. while the respondent was engaged in work in the lorry, he fell down from the lorry. As a result of the accident, the respondent sustained injuries to his spine and neck. He alleged that his monthly wages was Rs. 1500/- He claimed a compensation of Rs. 1,20,00/-.2. The respondent was examined by the Commissioner and the medical certificates produced were also perused by the Commissioner. After considering the evidence on record, the Commissioner came to the conclusion that a sum of Rs. 1,87,182/- is to be paid as compensation. It is also stipulated that the said amount is to be paid within 30 days and in default the said...
Tag this Judgment!Parent-Teachers' Association, Govt. Lower Primary School Vs. Chalil Ku ...
Court: Kerala
Decided on: Feb-25-1997
Reported in: AIR1997Ker97
U.P. Singh, C.J.1. At the very threshold, the question posed for our consideration is whether the concession granted by the State to avail of the 'Ramzan' holidays by the schools where Muslim students are the majority and allowing them to work during the midsummer holidays would calculate to sabotage secularism affecting the secular nature of the State and as to whether such a concession would violate Articles 15, 16, 25, 26, 27, 28, 30 and 51A of the Constitution of India. 1(a). In view of the mass petition received by the Assistant Educational Officer from a section of guardians of the students studying in the Government L. P. School, Oorakam, where' the majority of the pupils belong to the Muslim community, reporting difficulty and inconvenience for them to participate in the religious rituals and functions in case the school is permitted to continue as a general school, the Asst. Educational Officer, by his order dated 25-8-1992 (Ext. P1) enabled the majority Muslim pupils to parti...
Tag this Judgment!M.K. Abdul Gafoor Vs. Joint Director of Fisheries (South Zone), Trivan ...
Court: Kerala
Decided on: Feb-21-1997
Reported in: AIR1997Ker158
P. Shanmugam, J.1. The petitioner is the President of the Pallithodu North Fisheries Development Welfare Co-operative Society. He is a delegate representing the Society in the 3rd respondent-Apex Society. He was also elected to its Board of Directors in February, 1994. One Simon Sebastian, a member of the primary Co-operative Society represented to the 2nd respondent that the petitioner is disqualified from continuing as a member of the primary society since he is a resident outside the area of operation of the society. After giving opportunity to the petitioner by the impugned proceedings dated 2-12-1996 the 1st respondent found that the petitioner is neither residing nor owning property within the area of operation of the Society and therefore he is continuing in violation of Section 16(1)(a) (iii) and Rule 16 (2)(b) under the Kerala Co-operative Societies Act and Rules. Consequently he declared that the petitioner has ceased to be a member of the primary society. The Original Petiti...
Tag this Judgment!Commissioner of Income Tax Vs. Regional Agro Industrial Development Co ...
Court: Kerala
Decided on: Feb-21-1997
Reported in: (1997)141CTR(Ker)446
SMT. K. K. USHA J. :At the instance of the Revenue the Tribunal, Cochin Bench has referred the following question of law for the decision of this Court in each of the above IT Reference cases :'Whether, on the facts and in the circumstances of the case, and also in the light of the decision of the Supreme Court reported in Assam Co-operative Apex Marketing Society Ltd. vs . Addl. CIT : [1993]201ITR338(SC) and of the Kerala High Court decision in IT Ref. 33 of 1991, the assessee is entitled to exemption under s. 80P(2)(a)(iv) of the IT Act, 1961 ?'The relevant assessment years are 1980-81, 1981-82 and 1982-83. The assessee, a Co-operative Society, was originally allowed deduction under s. 80P(2)(a)(iv) of the IT Act, 1961, hereinafter referred to as the Act, for the years 1980-81 and 1981-82 to the extent of Rs. 1,22,567 and Rs. 89,927 respectively. These assessment orders were later set aside by the CIT under order dt. 17th July, 1985 invoking powers under s. 263 of the Act and the ass...
Tag this Judgment!Shajahan Vs. Mrs. Kamala Narayanan
Court: Kerala
Decided on: Feb-20-1997
Reported in: AIR1997Ker203
Ramakrishnan, J. 1. Has the Court power or jurisdiction to extend the time for payment of 9/10th Court-fee payable under Section 4A of the Kerala-fees and Suits Valuation Act (for short 'the Act') beyond the period of 30 days provided under the proviso to that Section even if there are sufficient reasons for non-payment of Court-fee within that time is the point referred for decision by the Division Bench in this case. A similar question regarding the power and jurisdiction of this Court and appellate Courts in general under Section 52 of the Act to extend the time for payment of 2/3rd of the Court-fee required to be paid at the time of admission of the appeal has come up for consideration before a Division Bench of this Court on a reference in Elizabeth v. Francis, (1991) 2 Ker LT 779 : (AIR 1992 Kerala 108). The Division Bench has answered the reference by holding that this Court has power to extend the time beyond 30 days mentioned in the second proviso to Section 52 of the Act taki...
Tag this Judgment!Dhanalakshmi Bank Ltd. Vs. Corporation Bank and ors.
Court: Kerala
Decided on: Feb-19-1997
Reported in: [2001]103CompCas271(Ker)
T. Ramachandran, J.1. This appeal arises from the judgment and decree of the Sub-Court of Kochi, in O.S. No. 178 of 1981.2. The appellant was the first defendant in O. S. No. 178 of 1981, before the Additional Sub-Court of Kochi. The suit was filed by the first respondent, which is the Cochin branch of the Corporation Bank for realisation of the amount against a bill of lading endorsed for negotiation in their favour. The facts are that the first defendant which is the Mattancherry branch of the Dhanalakshmi Bank forwarded exhibit A-2, bill of lading drawn by the second defendant-firm by name Regal Fisheries Corporation, Karuvelipady, Cochin-5, on Compafina Bank, Geneva, along with exhibit A-1 letter on April 12, 1979. The purpose was for negotiation of an export bill for U.S. $5,914.80 drawn by the third defendant by name Mohammed Ali, who was the partner of the second defendant-firm under a letter of credit opened by Compafina Bank, Geneva, which was the issuing bank by order of Char...
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